State of Rhode Island and Providence Plantations
JOURNAL
-OF THE-
HOUSE OF REPRESENTATIVES

JANUARY SESSION of the General Assembly begun and held at the State House in the City of Providence on Tuesday, the fifth day of January in the year of Our Lord one thousand nine hundred and ninety-nine.
Volume 126, No. 34 Wednesday, March 31, 1999 Thirty-fourth Day


The House of Representatives meets at the State House in Providence, Wednesday, March 31, 1999, and is called to order at 4:15 o'clock P.M., by the Honorable John B. Harwood, Speaker.

The roll is called and a quorum is declared present with 96 members present and 3 members absent as follows:

PRESENT 96; The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, 5., Barr, Ben oil, Benson, Bramley, Burlingame, Callahan, Cambio, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Crowley, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, 6., Lewiss, Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Palangio, Palumbo, Picard, Pires, Pisaturo, Quick, Rabideau, Reilly, Rose, Russo, San Bento, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

ABSENT - 3; Representatives Costantino, Garabedian, Millard.

INVOCATION



The Honorable Speaker presents Representative Vieira, who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag.

(For Invocation, see Appendix, this Journal.)




APPROVAL OF RECORD


By unanimous consent, the House Journal of Tuesday, March 30, 1999, is approved as printed.

GUESTS


Representative Rose welcomes to the House as guests Dr. Hergowy, Edna Snow, Mildred Morris and Helio Melo.

Also:

Representative George welcomes to the House Chambers Frank "Skip" Centazzio.

COMMUNICATION


The Honorable Speaker announces the receipt of the following communication:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS


HOUSE OF REPRESENTATIVES


March 31, 1999

The Honorable John B. Harwood Speaker of the House Rhode Island House of Representatives Providence, Rhode Island

Dear Speaker Harwood;

I Bill be absent irom the meeting of the House Judiciary Committee today in observance of Passover.

Very truly yours,

DAVID N. CICILLINE
Representative, District 4

Received and ordered to be placed on file.

ANNOUNCEMENT


The Honorable Speaker announces that the following Representative is hereby appointed to the Joint Committee on Environment and Energy:

Representative Eileen S. Naughton. Representative Naughton shall replace Representative Thomas Palangio.


NOTICES OF BILL/RESOLUTION

INTRODUCTION


Representative Menard gives notice that on the next legislative day, he will introduce a measure concerning plumbers.

This notice is given in compliance with House Rule 42.

RENE R. MENARD
Representative, District 58

Received and ordered to be placed on file.

Representative Menard gives notice that on the next legislative day, he will introduce a measure concerning sales and use taxes.

This notice is given in compliance with House Rule 42.

RENE R. MENARD
Representative, District 58

Received and ordered to be placed on file.

Representative Amaral gives notice that on the next legislative day, he will introduce a measure concerning local ordinances.

This notice is given in compliance with House Rule 42.

JOSEPH N. AMARAL
Representative, District 92

Received and ordered to be placed on file.

Representative Kilmartin gives notice that on the next legislative day, he will introduce a measure concerning courts and civil procedure.

This notice is given in compliance with House Rule 42.

PETER F. KILMARTIN
Representative, District 80

Received and ordered to be placed on file.

Representative Kilmartin gives notice that on the next legislative day, he will introduce a measure concerning beverage containers.

This notice is given in compliance with House Rule 42.

PETER F. KILMARTIN
Representative, District 80

Received and ordered to be placed on file.

Representative Martineau gives notice that on the next legislative day, he will introduce a measure concerning an Act relating to creating a special General Assembly capital plan task force.

This notice is given in compliance with House Rule 42.

GERARD M. MARTINEAU
Representative, District 63

Received and ordered to be placed on file.

Representative Martineau gives notice that on the next legislative day, he will introduce a measure concerning an Act relating to public property and works - state purchase.

This notice is given in compliance with House Rule 42.

GERARD M. MARTINEAU
Representative, District 63

Received and ordered to be placed on file.

Representative Martineau gives notice that on the next legislative day, he will introduce a measure concerning an Act relating to the Department of Environmental Management.

This notice is given in compliance with House Rule 42.

GERARD M. MARTINEAU
Representative, District 63

Received and ordered to be placed on file.

Representative Vieira gives notice that on the next legislative day, he will introduce a measure concerning an Act relating to alcoholic beverages.

This notice is given in compliance with House Rule 42.

WILLIAM D. VIEIRA, SR.
Representative, District 74

Received and ordered to be placed on file.

Representative Russo gives notice that on the next legislative day, he will introduce a measure concerning bullet proof vest sales.

This notice is given in compliance with House Rule 42.

ALFRED RUSSO, JR.
Representative, District 55

Received and ordered to be placed on file.

Representative Naughton gives notice that on the next legislative day, she will introduce a measure concerning agriculture.

This notice is given in compliance with House Rule 42.

EILEEN S. NAUGHTON
Representative, District 32

Received and ordered to be placed on file.

REPORTS OF COMMITTEES
TRANSFER OF BILLS


Representative Benoit, for the Committee on Health, Education and Welfare, reports back the following measure, with recommendation of transfer to the Committee on Finance:

(99-H 6133) An Act relating to health and safety - maternal child health services for children with special health care needs.

Received and referred to the Committee on Finance.

Representative Flaherty, for the Committee on Judiciary, reports back the following measure, with recommendation of transfer to the Committee on Finance:

(99-H 6165) An Act relating to courts and civil procedure.

Received and referred to the Committee on Finance.

COMMITTEE ON
HEALTH, EDUCATION AND WELFARE


Representative Benoit, for the Committee on Health, Education and Welfare, reports back the following measures, with recommendation of passage:

(99-H 5870) An Act relating to nurses.

Received and ordered to be placed on the Calendar.

(99-H 6044) (Substitute "A" as amended) An Act relating to education school speech and language pathologists.

Received and ordered to be placed on the Calendar.


NEW BUSINESS


Representative Naughton introduces (99-H 6327) An Act relating to corporations, associations and partnerships - limited liability partnerships and the Rhode Island limited liability company act.

Read and referred to the Committee on Corporations.

Representative Farrell introduces (99-H 6328) An Act relating to the city of Central Falls -Juvenile Hearing Board.

Read and referred to the Committee on Corporations.

Representative Crowley introduces (99-H 6329) An Act to create the Miantonomi Memorial Park Commission of the city of Newport.

Read and referred to the Committee on Corporations.

Representatives Martineau and Watson introduce (99-H 6330) An Act reinstating and restoring forfeited or revoked corporate charters.

Read and referred to the Committee on Corporations.

Representative Fox introduces (99-H 6331) An Act relating to taxation.

Read and referred to the Committee on Finance.

Representatives Malik, Menard and Watson introduce (99-H 6332) House Resolution congratulating Jonathan Faris on attaining the rank of Eagle Scout.

Representative Malik requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Malik, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.

Representatives C. Levesque and Maher introduce (99-H 6333) House Resolution congratulating Vivian Arcello on her 32 years of devoted service to people with disabilities.

Representative C. Levesque requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative C. Levesque, seconded by the entire House of Representatives, and by unanimous consent, on a voice vote.

Representative Lewiss introduces (99-H 6334) House Resolution memorializing the United States Congress to name the Sunday prior to Memorial Day as "Neighbor Day".

Representative Lewiss requests unanimous consent for immediate consideration.

There is no objection.

Read and passed, on motion of Representative Lewiss, seconded by Representative Martineau, and by unanimous consent, on a voice vote.

CALENDAR


From the Calendar are taken:

1. (99-H 5794) An Act relating to physician assistants.

Committee on Health, Education and Welfare recommends passage.

Representative Benoit moves passage of the act, seconded by Representatives Ginaitt, Faria, Henseler, Martineau, Abdullah-Odiase, Slater, Thompson and Kelley.

Representatives M. Anderson, Benoit, Ginaitt, Jacquard and Benson discuss the act.

Read and passed, on a roll call vote, 72 members voting in the affirmative and 9 members voting in the negative as follows:

YEAS 72: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, S., Barr, Benoit, Benson, Callahan, Cambio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Crowley, Dennigan, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Heffner, Henseler Hetherington, Hogan, Iwuc, Kelley, Kelso, Kennedy, Knickle,' Lally, Lanzi, Levesque, C., Levesque, G., Lima, Lowe, Maher, Malik, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Palangio, Picard, Pisaturo, Rabideau, Reilly, Rose, Russo, San Bento, Schadone, Shavers, Sherlock, Slater, Sullivan, Thompson, Vieira, Watson, Williams, Winfield.

NAYS - 9; Representatives Amaral, Anderson, M., Gorham, Jacquard, Kilmartin, Long, Scott, Smith, Wasylyk.

2. (99-H 5499) An Act relating to animals and husbandry - dogs.

Committee on Health, Education and Welfare recommends passage.

Representative Benoit moves passage of the act, seconded by Representatives Sherlock, Cambio, Lima, Farrell, Ajello, Corvese, Slater, McNamara, Kelley, Faria and Carter.

Representative Sherlock discusses the act.

Read and passed, on a roll call vote, 83 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS 83: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Crowley, Dennigan, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Palangio, Picard, Pisaturo, Rabideau, Reilly, Rose, Russo, San Bento, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

3. (99-H 5330) An Act relating to state affairs and government- health care for children and pregnant women.

Committee on Health, Education and Welfare recommends passage.

Representative Benoit moves passage of the act, seconded by Representatives Henseler, Ginaitt, Farrell, Coelho, Benson, Ajello, Sullivan, Abdullah-Odiase, Shavers, Dennigan, Thompson, Rose, Aiken, G. Levesque, Corvese, Hetherington, Coderre, Kelley, Carter and Faria.

Representatives Wasylyk and Benoit discuss the act.

Read and passed, on a roll call vote, 84 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS 84: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Crowley, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Palangio, Picard, Pisaturo, Rabideau, Reilly, Rose, Russo, San Bento, Schadone, Scott, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS ---0.

4. (99-H 5484) An Act relating to education.

Committee on Health, Education and Welfare recommends passage.

Representative Benoit moves passage of the act, seconded by Representatives Farrell, AbdullahOdiase, Rose, Faria, Sullivan, Benson and Coelho.

Representatives Montanaro and Benoit discuss the act.

Read and passed, on a roll call vote, 80 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 80: The Honorable Speaker Harwood and Representatives Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Crowley, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Naughton, Palangio, Picard, Pisaturo, Rabideau, Reilly, Rose, San Bento, Schadone, Scott, Shavers, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Winfield.

NAYS -0.

5. (99-H 5285) An Act relating to health and safety - registration of nursing assistants.

Committee on Health, Education and Welfare recommends passage.

Representative Benoit moves passage of the act, seconded by Representatives Martineau, Rose, Benson, Cambio, Coelho, Lopes, Sullivan, Hetherington, Corvese and Thompson.

By unanimous consent, Representative C. Levesque, seconded by Representative G. Levesque, offers the following written motion to amend:

FLOOR AMENDMENT

TO

(99-H 5285)


Mr. Speaker:

I hereby move to amend (99-H 5285) entitled "AN ACT RELATING TO HEALTH AND SAFETY REGISTRATION OF NURSING ASSISTANTS" as follows:

On page 2 in line 6 following the deleted word "repeatedly" add the following word "intentionally".

On page 2 in line 7 following the deleted word "repeatedly" add the following word "intentionally".

Respectfully submitted,

CHARLES J. LEVESQUE
Representative, District 93

Representatives Benoit, Heffner, C. Levesque and Lopes discuss the amendment.

The motion to amend fails on a roll call vote, 31 members voting in the affirmative and 50 members voting in the negative as follows:

YEAS - 31: Representatives Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Bramley, Callahan, Carroll, DeSimone, Gorham, Heffner, Kelley, Levesque, C., Levesque, G., Lima, Maher, McCauley, Montanaro, Moura, Mumford, Picard, Pisaturo, Rabideau, Scott, Sherlock, Smith, Sullivan, Vieira, Wasylyk, Watson, Williams.

NAYS - 50: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Almeida, Barr, Benoit, Benson, Cambio, Carpenter, Carter, Coderre, Coelho, Corvese, Crowley, Dennigan, Farrell, Flaherty, Fleury, Garvey, George, Giannini, Ginaitt, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Long, Lopes, Lowe, Malik, Martineau, McNamara, Menard, Munschy, Naughton, Palangio, Reilly, Rose, San Bento, Schadone, Shavers, Simonian, Slater, Thompson, Winfield.

Representatives Scott and Benoit discuss the act.

Read and passed, on a roll call vote, 80 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS - 80: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Crowley, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan, Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Levesque, G., Lima, Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Naughton, Picard, Pisaturo, Rabideau, Reilly, Rose, San Bento, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS - 2: Representatives Anderson, M., Smith.

6. (99-H 5854) An Act relating to human services - community health centers.

Committee on Health, Education and Welfare recommends passage.

Read and passed, on motion of Representative Benoit, seconded by Representatives Faria, Carter, Fox, Giannini, Coelho, Slater, Picard and Moura, on a roll call vote, 79 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 79: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Callahan, Cambio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Crowley, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Gorham, Heffner, Henseler, Hetherington, Hogan Inman, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle', Lally, Lanzi, Levesque, C., Levesque, G., Long, Lopes, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Naughton, Picard, Pisaturo, Rabideau, Reilly, Rose, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Winfield.

NAYS -0.

REQUEST


Representative Bramley requests the Journal to reflect that if he had voted on (99-H 5854), he would have voted in the affirmative.

There is no objection.

CALENDAR




7. (99-H 5836) An Act relating to health and safety - maternal and child health services.

Committee on Health, Education and Welfare recommends passage.

Read and passed, on motion of Representative Benoit, seconded by Representatives Ajello, Henseler, Faria, Cambio, Coelho, Aiken and Kelley, on a roll call vote, 73 members voting in the affirmative and 6 members voting in the negative as follows:

YEAS - 73: The Honorable Speaker Harwood and Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Callahan, Cambio, Carpenter, Carroll, Carter, Coderre, Coelho, Corvese, Crowley, Dennigan, DeSimone, Faria, Farrell, Flaherty, Fox, Garvey, George, Giannini, Ginaitt, Heffner, Henseler, Hetherington, Hogan, Iwuc, Jacquard, Kelley, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lima, Long, Lowe, Maher, Malik, Martineau, McCauley, McNamara, Menard, Moura, Munschy, Naughton, Pisaturo, Reilly, Rose, San Bento, Schadone, Scott, Shavers, Sherlock, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Williams, Winfield.

NAYS - 6: Representatives Fleurv, Gorham, Montanaro, Mumford, Rabideau, Watson.

ANNOUNCEMENTS


Representative Benoit announces that the Committee on Health, Education and Welfare will meet today at the rise of the House in Room 135 of the State House.

Also:

Representative Coderre announces that the Committee on Corporations will meet today at the rise of the House in Room 203 of the State House.

Also:

Representative Lally announces that the Committee on Judiciary will meet today at the rise of the House in Room 205 of the State House.

Also:

Representative Crowley announces that a Joint Hearing of the House and Senate Finance Committees on Education Funding will continue today at the rise of the House in Room 313 of the State House.

TRANSMITTAL



By unanimous consent, all matters on the Clerk's desk are ordered to be transmitted to His Excellency, the Governor, and to the Honorable Senate forthwith.

ADJOURNMENT


At5:04 o'clock P.M. on motion of Representative Martineau, seconded by Representative Callahan, the House adjourns, on a voice vote.

LINDA McELROY
Recording Clerk

Appendix



INVOCATION


REPRESENTATIVE WILLIAM D. VIEIRA, SR.

Heavenly Father, look with favor on our deliberation and assist us by your grace, to do what is just and wise.Amen.



Appendix



CONSENT CALENDAR




In order for Thursday, April 1, 1999:

1. (99-H 6245) An Act relating to agriculture and forestry- tree wardens.

Committee on Corporations recommends passage.

2. (99-H 6148) An Act relating to elective meetings.

Committee on Corporations recommends passage.

3. (99-H 6206) An Act relating to the Harrisville Fire District.

Committee on Corporations recommends passage.

4. (99-H 6208) An Act establishing the Coventry land trust.

Committee on Corporations recommends passage.

5. (99-H 6247) An Act relating to taxation -collection of taxes generally.

Committee on Corporations recommends passage.

6. (99-H 6250) An Act exempting from taxation the real, mixed and personal property of the Little Flower Home.

Committee on Corporations recommends passage.

7. (99-S 828) An Act reinstating and restoring forfeited or revoked corporate charters.

Committee on Corporations recommends passage in concurrence.

8. (99-S 831) An Act to vacate the forfeiture or revocation of the charter of R.W.O., Inc.

Committee on Corporations recommends passage in concurrence.

LOUIS D'ANTUONO
Reading Clerk
Wednesday, March 31, 1999

Appendix



CALENDAR


In order for Wednesday, April 7, 1999:

1. (99-H 5870) An Act relating to nurses.

Committee on Health, Education and Welfare recommends passage.

2. (99-H 6044) (Substitute "A" as amended) An Act relating to education - school speech and language pathologists.

Committee on Health, Education and Welfare recommends indefinite postponement of the original bill and passage of Substitute A as amended.

LOUIS D'ANTUONO
Reading Clerk
Wednesday, March 31, 1999



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